I currently have been married to my wife, saint patrick's day upcomming will have been two years (been together for five). On christmas day ...

Question

I currently have been married to my wife, saint patrick's day upcomming will have been two years (been together for five). On christmas day I found her kissing a woman that was supposedly her best friend which i had suspicions for over 5 months. she is pregnant with my child and I know because we had sex the day she took her ovulation test because we were trying to have a baby. She now tells me that she didn't love me and just wants a baby, a messed up situation i know. She is 8 weeks pregnant and I want to know if i file for divorce in the state of california now can i keep her on my insurance until the baby is born, i know the divorce papers will have to be amended once the baby is born? But I cannot risk the future of my child with inadequate health care regardless of her unfaithfulness. how do i go about divorce while keeping my unborn child on my insurance till birth in the state of california?

Answer

I'm sorry to hear about your story. The one good piece of news and all this is that you actually are required to keep her on your insurance until the divorce is final. Also, by law, you are required to wait six months from the date of filing at a minimum to finalize the divorce. There is no real outer limit on how long you can wait between filing and when you finalize the divorce. So there is no problem of any kind with keeping hurry on your insurance until the child is born, and in fact nearly indefinitely as long as you don't finalize the divorce.

My ex wife and and two children have been living with my ex's boyfriend for about 2and half years.I've never meet ,never been able to visit ...

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My ex wife and and two children have been living with my ex's boyfriend for about 2and half years.I've never meet ,never been able to visit his house to see my children, are go to birthday party's for my children at his house are anywhere he is present, can't pick up are drop my kids at his house when it's my time with him even though my divorce papers clearly states I'm to drop and pick up children at there home.is my ex wife's boyfriend breaking the law

Answer

Based upon what you reported, your ex's boyfriend doesn't seem to be violating any laws. But, she seems to be violating the Custody/Visitation Order. You should consult directly with a family law attorney. Start with the one that represented you in the previous proceedings.

Good luck

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Meet with an experienced family law attorney to explore your remedies.

A neighbor of over 25 years gave his tractor to my husband for his birthday. He was getting old and no longer used it. Shortly after that, t...

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A neighbor of over 25 years gave his tractor to my husband for his birthday. He was getting old and no longer used it. Shortly after that, the neighbor became ill and recently passed away from cancer. My husband has had the tractor since August 2013. The neighbor has one daughter and she states she wants the tractor back that we took advantage of an old sick man. She has also made this claim to one other friend and the man's own brother. When the neighbor gave him the tractor there were two witness besides my self, my husband's brother and another neighbor. We beleive she is going to get a lawyer and sue us for it. Are we under any obligation to return this tractor? There was no paperwork involved.

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The tractor was a gift to your husband. As long as your neighbor was of sound mind at the time, there should be no legal basis to sue you for it.

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Is the tractor titled? If so, that could complicate matters a bit. I agree that if he was of sound mind and there was no undue influence, then the gift is valid, but it would be better if a transfer of title had been made.

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All of the above are accurate. Is there a title to such a vehicle? If so, and if you husband does not have it, there may be a problem. If no title, then the gift is completed upon transfer. Seek some legal help with all attendant facts available.

My questions is and complicated: My parents did a will and trust back in 1999. After my Dad had a stroke, my brother and I are the only sibl...

Question

My questions is and complicated: My parents did a will and trust back in 1999. After my Dad had a stroke, my brother and I are the only siblings. He is the manager of the estate. In 2011, he put my 88 yr old Father in a nursing home and soon to follow my 85 yr old mother, he made plans behind my back, after many months of telling him they need home health care. I live out of state, while they live in Calif. He spent very little time with them, and didn't know about what stage or frame of mind they were in. He kept saying they were fine, when I had to fly there and find no food, messy house, etc. When mom went into a nursing home, behind my back he had her sign a power of attorney, I asked for a copy through my lawyer and got no answer, so he could rent out their home to his step son. He put them in his home and hired home health. He lives down the street with his new wife. I had no idea of the plans, and he gave a good deal to his step son to rent the house, not enough to cover home health care, as I wanted the house to be sold, I tried to speak with him regarding VA assistance for my father, and he refused to look into it with me. Well, the time came where my father got VA assistance and my mom has passed away. I got a text message telling me she passed. There is no other living family members. My Dad is now 90 yrs old, before my mother went into a nursing home, she stated "Your brother is going to try to buy you out" Can he do that, as their wishes were to sell the home and split. I would like the money to go to my Dads home care..Can I ever take over this Will and Trust and overlook things instead of my brother. He will not tell me when my Father passes, I am sure it will be handled the same way.....

Answer

Yes, you can challenge your brother's handling of the your parents' finances and seek his removal. If successful, since you are not in-state, you will either need court permission to move your father or you will need to hire a private fiduciary to oversee your father's care and finances.

Do you have a copy of the trust from 1999?

yesterday friends and i were going shooting at Manteca outdoor sportsman in CA well me really really not thinking my moms work is on the str...

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yesterday friends and i were going shooting at Manteca outdoor sportsman in CA well me really really not thinking my moms work is on the street of the shooting range the problem is that she works at DVI prison if tracey if you map quest it you will get the idea well i had a AR15 and Glock... Glock wasnt loaded but the AR15 had i believe the 3 rounds in the clip which it was in the AR but nothing chambered... i wanted to see my mother just a few seconds before we head to the range well they didnt ask if i had anything just why i was there and went in ....i wasnt in the area less than 2 mins because i asked a officer if my mother was available he replied she doing the scared straight program so i didnt want to bother so proceeded back to front where i came from where the first officer was well he asked for our id's a second time which he asked if i have any weapons in the trunk , i replied yes a AR and a Glock then it went down hill from then i got arrested friends are okay but i was very cooperative with the whole situation i have a clean record and hoping with that it helps and I have a expose firearm permit for security so hoping that helps as what kind of person i am but my other bad thing is i bought 2 extended clips at a show and i only take them out when i go shooting i know there illegal in CA but I'm stupid like that im a very nice guy just made a stupid mistake of not thinking before i do well sorrry my name is Richard Montes De Oca and the codes they gave me are PC 32310 and PC25850(a) i was told that i was going to get a felony but what they told in jail that im getting a mesdameaner sorry for my grammer I dont know why which is a good thing just wondering how i handled the whole situation and maybe because my mother i really dont know i have a court date on Aug 18 of this year and hoping you can give me a tip on handling this situation will they keep it a mesdameaner or not charging me because it was a really bad accident

Answer

What you are charged and whether it is a felony or a misdemeanor is up to the DA--not the police or CDCR. What you should do now is retain the best criminal defense lawyer in town and hope that he/she can talk the DA out of prosecuting the case.

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California is harsh with people caught violating the various laws governing gun possession in the state. I urge you to cease discussing the matter on the internet and get yourself a good criminal defense attorney in your area who has handled firearms charges before.

I was injured and won my first qme, my employers insurance company has 2nd qme scheduled. Is his findings binding? Workmanship comp dr has a...

Question

I was injured and won my first qme, my employers insurance company has 2nd qme scheduled. Is his findings binding? Workmanship comp dr has a 25 0/0. Permanent injury and I received offer for that. Can it change with the 2nd qme findings?

Answer

Why changing QME that found in your favor? A second bite to this may be completely a different opinion and be shocking to you. So you should question adjuster as to why or retain an attorney to help you. Feel free to call me at 213-388-7070 for a free consultation.

Answer

There should just be the one QME. You can get a second QME in a different specialty, but you should not have competing QME opinions.

There should be one Treating Physician's Maximum Medical Improvement opinion, then just one QME Opinion.

WHY don't you have a Treating MPN Physician's report showing Maximum Medical Improvement with your highest Permanent Disability finding? Maybe you can still get to an MPN Treating Physician that would write about Whole Person Impairment (WPI) beyond that found by any QME.

The opinions of a QME are never 'binding' until a Workers Compensation Judge makes a ruling after a full trial that a particular QME is the Best Evidence of your actual disability.

Until there is a Findings & Award by a WCAB Judge, nothing is binding.

You can request any sum you want to request for a settlement. If request a sum way beyond that which a judge would award, it will not be considered.

I was given an offer letter when I was offered a job in CA that stated "The annual salary for this exempt position is $_______. This is a fu...

Question

I was given an offer letter when I was offered a job in CA that stated "The annual salary for this exempt position is $_______. This is a full-time position. The expectation for hours worked per pay period is a minimum of eighty. This position qualifies for a performance bonus up to 10% of your base wages."

I am now being told that no directors will be given a bonus this year. Do I have an recourse? This is my first year of employment with this company.

Answer

Bonuses are usually discretionary. Since the letter states that the job qualifies for a bonus of "up to" 10% - it appears to be at the discretion of the company and not mandatory. The letter provides a maximum amount, but not a minimum amount.

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" position qualifies for a performance bonus up to 10% " means IF bonuses are paid, and IF they decide to pay YOU a bonus. That language is not a guarantee of bonus, it never is unless it specifies how much, when, and that it is "guaranteed".

You need to do a little research and learn the normal rules and practices in employment.